On February 6, 2013, Danial Farris filed a claim against International Paper Company (IP), alleging that...

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On February 6, 2013, Danial Farris filed a claim againstInternational Paper Company (IP), alleging that IP failed to to payvested vacation wages upon termination.
On May 30, 2014, IP field a third-party claim against YeghiaBekiarian, a former managerial employee. IP argued that Bekiarianwas responsible for the liability for vacation wages by not onlypromising Farris that he would be entitled to paid vacation, butthen instructing human resources employees not to provide paidvacation for IP’s sales representatives, of which Farris was amember.
Bekiarian field an answer asserting that since the claim againstIP arose from Bekiarian’s actions as an employee of IP, IP wasrequired to reimburse and indemnify him.
[Daniel Farris v. International Paper Company, et ai., 2014 U.S.Dist. LEXIS 143607.]
Do you think Bekiarian should be indemnified for hisactions which led to Farris’s claims? Keep in mind that Farris didnot include Bekiarian in his action against IP. How did the courtdecide on the third-party claim between IP and Bekiarian? What wasthe court’s reasoning?

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On February 6 2013 Daniel Farris Farris filed an action against International Paper Company Inc IP or defendant and Does 1100 in San Bernardino County Superior Court The operative second amended complaint SAC asserts claims for failure to pay vested vacation wages upon termination in violation of Labor Code 22731 failure to pay wages and waiting time penalties pursuant to Labor Code 20203 violation of the Unfair Competition Law UCL Cal Bus Prof Code 17200 et seq and violation of the recordkeeping provisions set forth in Labor Code 226 Farris ECF No 21 On February 13 2013 plaintiffs Jared Andresen Andresen Yeghia Bekiarian Bekiarian and John Duffy Duffy collectively Andresen plaintiffs filed a lawsuit against IP and Does 150 in Los Angeles County Superior Court See Andresen ECF No 1 The operative Second Amended Complaint SAC asserts claims on behalf of all three plaintiffs for 1 failure to pay vested vacation wages upon termination in violation of Cal Labor Code 2273 2 waiting period penalties in violation of Labor Code 202 203 3 violations of Californias Unfair Competition Law UCL Cal Bus Prof Code 17200 et seq and 4 violations of recordkeeping provisions in Cal Labor Code 226 Andresen ECF No 21 The SAC also asserts claims on behalf of Andresen and Duffy for failure to pay wages including commissions and on behalf of Andresen only for 1 breach of contract and 2 promissory estoppel Id On October 1 2014 the Court consolidated the two aforementioned cases See ECF No 169 Phase I of the consolidated trial is set to begin on December 2 2014 Id On November 17 2014 the Court held a hearing on numerous motions in limine After considering the parties arguments the Court finds and concludes as follows A Legal Standard A motion in limine is a procedural device to obtain an early and preliminary ruling on the admissibility of evidence Goodman v Las Vegas Metro Police Dept 963 FSupp2d 1036 1046 D Nev 2013 Trial courts have broad discretion when ruling on such motions See Jenkins v Chrysler Motor Corp 316 F3d 664 664 7th Cir 2002 Moreover such rulings are provisional and not binding on the trial judge on the court Ohler v United States 529 US 753 758 n3 2000 Denial of a motion in limine does not necessarily mean that all evidence contemplated by the motion will be admitted at trial Denial merely means that without the context of trial the court is unable to determine whether the evidence in question should be excluded B Plaintiff Farriss Motions in Limine 1 To Preclude Evidence of Farriss Business My Three Sons Farris ECF No 185 Farris moves to preclude evidence or argument concerning his current business My Three Sons Container Corporation My Three Sons which sells boxes and corrugated packaging He argues that this See Answer

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